Petition for Probate of Will and for Letters Testamentary (Tennessee)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE [PROBATE / CHANCERY] COURT FOR [COUNTY] COUNTY, TENNESSEE

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Heirs at Law (for Notice)
7. Nomination and Priority of the Executor
8. Bond
9. Prayer for Relief
10. Verification / Oath
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Docket / Estate No.: [____________________________________]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Tennessee [ZIP CODE]
County of Residence: [COUNTY]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Person named as Executor (Personal Representative) in the Decedent's Last Will and Testament.

3. DECEDENT INFORMATION

4. JURISDICTION AND VENUE

a. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____].

b. The Decedent had the Decedent's usual residence in [COUNTY] County, Tennessee at the time of death. Under Tenn. Code Ann. § 32-2-101, wills shall be proved and recorded and letters testamentary granted in the probate court of the county where the testator had the testator's usual residence at the time of death; venue is therefore proper in this Court.

c. ☐ The Decedent maintained fixed places of residence in more than one county; venue is proper in this county pursuant to § 32-2-101.

d. The information required to open this estate is provided herein as required by Tenn. Code Ann. § 30-1-117.

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered is the Decedent's Last Will and Testament dated [__/__/____] ☐ together with the following Codicil(s): [__________________________].

b. The original Will is filed/lodged with this Court with this Petition. The Will was duly executed by the Decedent.

c. Type of Will:
☐ Attested Will executed with the formalities of Tenn. Code Ann. § 32-1-104 (signed by the testator and attested by two competent witnesses).
☐ Holographic Will — the signature and all material provisions are in the Decedent's handwriting, proved by the testimony of two witnesses to the handwriting (§ 32-1-105).
☐ Nuncupative Will (§ 32-1-106).

d. Self-proving status / proof of execution:
☐ The Will is self-proved by an affidavit of the testator and the attesting witnesses executed under Tenn. Code Ann. § 32-1-110, and may be admitted to probate without further proof of due execution.
☐ The Will is not self-proved; proof of due execution is made by the affidavit of a subscribing witness under Tenn. Code Ann. § 32-2-110, or by sworn testimony under § 32-2-104.

e. Subscribing witnesses to the Will:

6. DEVISEES AND HEIRS AT LAW (FOR NOTICE)

The Decedent's devisees under the Will and heirs at law (those who would inherit had the Decedent died intestate), with names, ages, relationships, and addresses, as required by Tenn. Code Ann. § 30-1-117(a):

Devisees / Legatees named in the Will:

Heirs at Law (for notice):

Approximate fair market value of the probate estate (§ 30-1-117(a)(3)): Real property $[________________]; Personal property $[________________]; Total $[________________].

7. NOMINATION AND PRIORITY OF THE EXECUTOR

a. The Decedent's Will nominates [PETITIONER FULL LEGAL NAME] as Executor.

b. As the Executor named in the Will, Petitioner is entitled to letters testamentary in preference to all others.

c. Petitioner is over eighteen (18) years of age, of sound mind, and is not disqualified from serving (Petitioner has not been convicted of a felony or otherwise rendered incompetent to serve under Tennessee law).

d. ☐ The first-named or alternate Executor named in the Will is not serving because: ☐ deceased ☐ declines (renunciation attached) ☐ incapacitated. Petitioner serves as [alternate/successor] Executor named in the Will.

8. BOND

Under Tenn. Code Ann. § 35-50-107, an executor must give bond unless the Will expressly excuses or waives the bond requirement, or all distributees waive it as permitted by law. Petitioner requests:

☐ Bond is waived because the Will expressly directs that the Executor serve without bond.
☐ Bond is waived because all residuary distributees who are competent adults waive the bond requirement (waivers attached).
☐ Petitioner will furnish bond in the penal amount of $[________________] (face value of the probate personal estate) with corporate surety.

A cost bond is filed as required by local rule.

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

a. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any Codicil) to probate in solemn/common form and order it recorded;

b. Find that the Will was duly executed and that the Decedent died testate;

c. Appoint Petitioner as Executor of the Estate;

d. Issue Letters Testamentary to Petitioner upon qualification, the taking of the oath, and the filing of any required bond;

e. Determine bond is waived or fix bond as set forth above;

f. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION / OATH

I, [PETITIONER FULL LEGAL NAME], the Petitioner and nominated Executor, having been duly sworn, state under penalty of perjury that the facts set forth in this Petition are true and correct to the best of my knowledge, information, and belief, and I will faithfully perform the duties of Executor of this Estate according to law.

Executed on [__/__/____].

Petitioner / Executor Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

______________________________________
Notary Public / Clerk & Master / Probate Clerk
My commission expires: [__/__/____]

11. CERTIFICATE OF SERVICE / NOTICE

Following admission of the Will to probate and issuance of letters, the Personal Representative must give notice to the Decedent's residuary beneficiaries and heirs as required by Tenn. Code Ann. § 30-1-117(c) and § 30-2-301, and publish notice to creditors under Tenn. Code Ann. § 30-2-306, within the time prescribed by statute.

☐ Notice mailed to each residuary distributee and heir (§ 30-1-117(c))
☐ Notice to Creditors published in [NEWSPAPER NAME], a newspaper of general circulation in [COUNTY] County (§ 30-2-306)
☐ Copy of Notice to Creditors / TennCare notice sent to the Bureau of TennCare (§ 30-2-306(c))

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Tennessee BPR No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Petition for Letters Testamentary (probate of Will)
☐ Original Last Will and Testament and all original Codicils
☐ Affidavit of Subscribing Witnesses, or self-proving affidavit (§ 32-1-110); for a holographic Will, affidavits of two handwriting witnesses
☐ Original or certified copy of Death Certificate
☐ Statement / Oath of Personal Representative
☐ Rule 10 / local certification (where required)
☐ Cost Bond
☐ Executor's Bond in the face amount of the probate assets (unless waived) (§ 35-50-107)
☐ Renunciation of any prior-named Executor (if applicable)
☐ Proposed Order Admitting Will to Probate and Granting Letters Testamentary
☐ Filing fee payment

Sources and References
- Tenn. Code Ann. Title 32, Chapter 2 (Probate of Wills): §§ 32-2-101 to 32-2-111
- Tenn. Code Ann. § 32-1-104 (execution), § 32-1-110 (self-proved will)
- Tenn. Code Ann. § 30-1-117 (information required to open estate); § 30-1-201 (letters)
- Tenn. Code Ann. § 30-2-306 (notice to creditors); § 35-50-107 (bond)